Arrested for Drug Paraphernalia Possession?
Call Houston criminal attorney Jack B. Carroll for help today!
If you’re looking for an attorney that’s willing to help you fight criminal charges related to possession of drug paraphernalia for yourself or to help a relative or other loved one, Houston drug crimes lawyer Jack B. Carroll is ready to help.
Call 713-228-4607 to schedule your meeting and the best time for your in-depth case evaluation.
Per the Texas Penal Code, a person who is in possession of drug paraphernalia is guilty of a crime. In theory, a person charged with possession of a controlled substance could also be charged with possession of drug paraphernalia resulting in two related drug offenses.
Drug Paraphernalia & Texas Law
Per the Texas Controlled Substances Act,
“Drug paraphernalia” means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.
Common Drug Paraphernalia Cases in Houston
Most drug paraphernalia arrests in Houston are a result of a person caught in possession of bongs, pipes, or injection needles combined with the presence of drug residue or other elements related to controlled substances. If you talk to any Houston criminal lawyer or law enforcement professional, they’ll tell you that “an arrest for possession of drug paraphernalia is normally at the discretion of the arresting peace officer.”
This is why most criminal lawyers in Houston recommend being respectful to police, which doesn’t mean that you should volunteer information or give consent to search. Equally important is to not be verbally abusive towards the arresting officer.
Having a polite demeanor can go a long way in limiting additional criminal charges and mitigating the negative impact of the situation (depending on the arresting officer).
Consequences of Drug Paraphernalia
Penalties for the Convicted
If you’re determined to be guilty of possession of drug paraphernalia (a Class C Misdemeanor in the state of Texas) the maximum criminal penalty is a fine of up to 500.00. However, distribution of drug paraphernalia, or selling to a minor, can be classified a Class A Misdemeanor as opposed to a Class C Misdemeanor, which could mean a year county-jail sentence.
Habitual drug offenders may face mandatory jail time.
Talk With a Houston Criminal Lawyer
Prosecutors and judges also look at previous convictions and the amount of drugs involved in those cases, if any. When determining criminal penalties for drug paraphernalia convictions, the defendant’s criminal history may be taken into account.
If the offender is caught with cocaine, meth, LSD, or Ecstasy, probation may not be available, and a mandatory jail sentence may be required as possession of even trace amounts of those drugs are felony offenses. Marijuana possession in trace amounts is not a felony. Such cases will likely be classified as a drug paraphernalia offense, or a Class C Misdemeanor.
A Board Certified® Houston Defense Attorney
In the State of Texas, less than 10% of all practicing criminal defense lawyers have the distinguished status of Board Certification™ as awarded by the Texas Board of Legal Specialization®.
If you or a loved one are looking for a criminal defense lawyer in Houston to help you fight a criminal charge related to a drug offense or possession of drug paraphernalia, talk to Jack B. Carroll or another equally qualified criminal justice lawyer immediately.
If you are innocent or intend to plead guilty, legal representation by a skilled attorney can mean the difference between having a criminal record and not. It doesn’t matter whether the defendant is guilty or not. It only matters what can be proven in the court of law. If evidence was unlawfully obtained, then it cannot be used against the defendant.
Houston criminal lawyer Jack B. Carroll be reached via contact form, or by phone at 713-228-4607. Don’t hesitate to reach out to our office for the help you’ll need.